[HISTORY: Derived from Ch. XXIX of the 2002 Revised General
Ordinances, adopted by the Township Council of the Township of Clark 12-16-2002 by Ord. No.
02-27. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person who, within any period of 12 consecutive months,
shall move soil in or upon more than 10,000 square feet of land area.
Any soil disturbance involving less than 25 cubic yards of
soil disturbed, to be placed as fill or removed from the site.
Any parcel of land, or portion thereof, the boundary lines
of which can be ascertained by reference to the maps or records in
the office of the Township Tax Assessor or in the office of the Union
County Register.
A permit for the moving of 500 cubic yards or more of soil.
A permit for the moving of less than 500 cubic yards of soil
but more than 25 cubic yards of soil.[1]
To dig, excavate, remove, deposit, place, fill, grade, regrade,
level or otherwise alter or change the location or contour, transport
or supply; provided, however, that nothing in this definition shall
be construed to apply to:
Digging, excavating or moving of soil which may be necessary
in connection with the construction or alteration of any building
or structure on any lot pursuant to a validly issued building permit
or to normal grading incidental thereto or in connection with other
work to be performed under the authority of any validly issued permit
under any other ordinance of the Township.
Plowing, spading, cultivation, harrowing or discing of soil
or any other operation usually and ordinarily associated with the
tilling of soil for agricultural or horticultural purposes.
Any person having title to any lot or having such other interest
or estate therein as will permit exercise of effective possession
thereof or dominion thereover.
Any earth, sand, clay, loam, gravel, humus, rock or dirt,
without regard to the presence or absence therein of organic matter.
Any soil that, in its natural state, constitutes the top
layer of earth and is composed of 2% or more of organic matter.
No person shall remove, permit or cause to be removed soil from
any premises or deposit onto or fill greater than 25 cubic yards on
any premises within the limits of the Township unless a permit therefor
has been issued by the Director of the Department of Public Works
and Engineering and the proper fees paid for the issuance thereof.
An application for a soil moving or disturbance permit shall be made to the Engineer. The application shall be signed by the person intending to perform the operation and by the owner of the premises from which the soil is to be removed or placed or disturbed and shall be accompanied by a contour map of the premises from which the soil is to be removed or disturbed, showing the proposed grades resulting from such intended removal or disturbance in relation to the existing topography of the premises. All work shall conform to § 195-185, Clearing and grading.
No major soil moving permit shall be issued by the Director
of the Department of Public Works and Engineering until the contour
map and the proposed grades have been approved by the Township Planning
Board and until the bond hereafter provided for shall have been filed
with the Township Clerk. Upon written request for a hearing made by
applicant to the Planning Board, an opportunity to be heard shall
be granted to such applicant within 30 days thereafter. The Planning
Board, in considering and reviewing the application and the contour
map and in arriving at its decision, shall be guided by and take into
consideration the public health, safety and general welfare and shall
give particular consideration to the following factors:
A.
Soil erosion by water and wind.
B.
Drainage.
C.
Soil fertility.
D.
Lateral support slopes.
E.
Grades of abutting streets and lands.
F.
Land values and uses.
G.
Such other factors as bear upon or relate to a coordinated, adjusted
and harmonious physical development of the premises in question with
the surrounding lands in accordance with the Master Plan for the development
of the Township.
If, after examining the application and the contour map, and
after the hearing, if requested, the Township Engineer and/or Planning
Board shall determine that the proposed soil removal placement or
disturbance will not create conditions inimical to the public health,
welfare and safety and will not result in the creation of any sharp
declivities, pits or depressions, soil erosion, fertility problems
or depressed land values, nor create any drainage or sewerage problems
or other conditions of danger, nor obstruct the normal development
of the premises in question in conjunction with the surrounding lands
according to the Master Plan of the Township, approval for the issuance
of a permit to remove or otherwise disturb the soil shall be granted
to the applicant by the Planning Board.
The top four inches of arable soil shall not be removed from
the premises, but shall be set aside for reuse and shall be re-spread
on the premises after removal of the soil pursuant to approved grades,
and the entire premises shall be grain-seeded.
In the removal of soil, dirt or other material, only such streets
within the Township shall be used for transportation as may be designated
for that purpose by the Township Engineer and Police Department, who
may impose other conditions to protect the health, safety and welfare
of the public. Such streets shall be kept free from dirt resulting
from such operations.
Before any permit for soil removal or disturbance shall be issued,
the owner or the person conducting such operation shall file with
the Township Clerk a surety bond, a recognizance bond or a property
bond in an amount to be fixed by the Township Engineer, after considering
the necessities and requirements of the undertaking, and in a form
to be approved by the Township Attorney. Such bond shall be conditioned
so that the work of soil removal or disturbance shall:
A.
Comply with the ordinances and regulations on the subject.
B.
Be properly done in accordance with the approved grades and without
detriment to the adjoining properties or to the Township and without
leaving any sharp declivities, pits or depressions, and the premises
shall be leveled off properly and clean of debris.
C.
Be done in a proper manner in accordance with this chapter and the
terms and conditions of the permit. The bond shall be further conditioned
that repairs at the expense of the owner or the person conducting
the operation shall be made to any street or streets used in transportation
if the Township shall consider repairs necessary because of such use
of the streets, and that the owner or the one performing the operation
will pay the cost of engineering, inspection, supervision and street
cleaning incurred by the Township during the progress of the soil
removal or disturbance.
This chapter shall not apply to excavations, removal of fill
or disturbance of soil incidental to work under a permit issued by
the Construction Code Official, Fire Subcode Official or Plumbing
Subcode Official for the construction of buildings, nor to excavations
for improvements being made by the Township or its contractors.
